
Lette r & Opinion From Joe Public

August 2, 2010
by Terence Netto
COMMENT Last week, an earnest seeming deputy minister of finance Dr Awang Adek Hussin virtually pleaded at a public forum in Penang that Malaysians should give the Najib administration a chance.
Responding to criticisms hurled by the opposition at the economic and other measures taken by the Najib administration, a flustered Awang Adek resorted to such pleas as Be fair and Give us a chance when he had apparently reached the end of his ratiocinative tether while holding forth on the 10th Malaysia Plan at the Universiti Sains Malaysia on July 28.
The deputy minister had earlier made a valiant attempt to explain the Plan and aspects of the New Economic Model, both of which he touted would be central to the Government Transformation Programme (GTP), of Najibs minting.
Something about the earnestness of Awang Adeks demeanor would have prompted fair-minded listeners to give the deputy minister the benefit of the doubt, especially after the week concluded with the arraignment of former MCA president and transport minister Dr Ling Liong Sik for cheating over the Port Klang Free Zone affair.
Here was evidence, albeit miniscule, that perhaps the Najib administration was beginning to mean business about the GTP.
Few were prepared, though, to hazard the guess that the charging in court of a former minister of Lings stature presaged a determined government crackdown on corruption especially after the pattern of recent years where high profile cases eventuated in acquittals.
But at! least a single step in that laudable direction was taken in a journey no one pretends is not lengthy and arduous. Score one for the GTP.
Ham-fisted reaction from PDRM
The trouble with a single sortie over arduous terrain is that it helps to be solicitous about collateral details. A little more than 48 hours after the GTP received a shot of adrenalin in the preferment of cheating charges against Ling, the Malaysian police, who can be counted on for knee-jerk reactions as predictably as the Burmese junta, dealt the GTP a kick in its shins by cracking down on anti-ISA activists in the Klang Valley, Ipoh and Penang, arresting 36 demonstrators pulled from crowds that had gathered to call for the laws repeal on the 50th anniversary of its promulgation.
The arrests were a ham-fisted reaction. An administration serious about its transformation would not have wasted this opportunity to demonstrate its liberalising bona fides.
The ISA is an abomination. Its continued existence in the statue books, 21 years after the evanescence of militant communisms threat to national security ostensible grounds for promulgation can no longer be justified.
Furthermore, its misuse and manipulation by powers that be to detain democratic opposition is the kind of offence that cries out for reparations. Awang Adeks melancholy plea of Give us a chance would be better aimed at the Malaysian Police, one of the more reactionary actors in the national political landscape.
A GTP that expeditiously does not include reform to standard police reactions to peaceful public expressions of free speech would be like shooting itself in the foot every time a progressive initiative is undertaken or announced. Reformist forays are forlorn when accompanied by crassness on the part of the Force.
TERENCE NETTO has been a journalist for close on four decades. He likes the occupation because it puts him in contact with the eminent without being ! under th e necessity to admire them.

Opposition leader Anwar Ibrahim's sodomy trial resumed today with the expected cross-examination of Kuala Lumpur Hospital's Dr Mohd Razali Ibrahim but defence lawyers immediately zoomed in on the alleged affair between the star witness and one of the prosecutors.
Prosecution's reputation 'in disrepute'Mahkamah Tinggi Jenayah 3
Di hadapan Yang Arif Dato Mohamad Zabidin Mohd Diah
Pihak-pihak:
PP: Semua hadir
PB: KS, SN, Datuk Param Cumaraswam, Dato CV Prabhakaran, Marissa, Ram Singh
WB: Zamri Idrus (for SP1), Andy Yong (Bar Council)
AI hadir
[9.13 a.m.]
MY: Kes ditetapkan untuk sambung bicara. Untuk pemeriksaan balas SP2.
YA: Kita ada application baru. We should hear that first. KS you are the one who made the application, so you must start it.
KS: In our application, stay of proceeding does not arise. Cross-examination of the last witness does not arise. Both do not arise in the application this morning. It has been overtaken by events. The event is that we have file an application for the charge against DSAI being strike out which is under inherent power of court. The reasons are stated in the affidavit. In short, there is an assertion that there is an affair between DPP Farah Azlina Latif and SP1, Mohd Saiful Bukhari, the complainant of the case. As a result, that charge should be strike out because the DPP is part of the prosecution team. She would have access to the investigation paper, etc. [] that the sp1 [] aware of []
YA: I think you are going to the merit, KS.
KS: Im not. There is an affair between DPP Farah Azlina Latif and SP1. This affect the entire trial my Lord. There is an offence under the OSA by SP1 and FA. The integrity of the DPP has been compromised. In fact, the entire pro team is being [] impartiality, [] when we submit on this application [] Theres an affair between the DPP and the complainant, the star witness of this case. The entire prosecution team should step down. My learned friend MY should take the blame. [] the application of stay is taking by events [].
YA: So you said you want me to hear the application first?
KS: Yes. This is not only for SP2, but also any other witness. This is a very serious matter, my Lord. My learned friend may need time to reply to the affidavit. [] affidavit! of DSAI filed together with the motion this morning, in support of the application.
MY: YA, the application to dismiss the case is not in this court. We must proceed with the cross-examination or with the application of stay. Just because somebody assert something does not mean [] bare allegation [] instruct the defence to proceed with application of stay of proceeding or continue with the cross-examination.
KS: We only get the reply on Friday. For this reason, it is only filed this morning, it will be sent to your Lordship afterwards. This is for your Lordship to go through the application and the substance of it. [] its a sworn affidavit. My learned friend has no other option to reply to the affidavit, also the DPP and SP1. This might ensure the truth prevails. [] So that from there we should proceed.
YA: Is that all?
[9.21 a.m.] Stand down.
[9.47 a.m.]
MY: Pihak2 masih seperti dulu.
YA: Memang tidak dapat dinafikan terdapat permohonan untuk mengenepikan pertuduhan dan oleh itu sekiranya pemeriksaan balas SP2 diteruskan, ianya akan menjadi satu tindakan yang sia2. Oleh itu adalah lebih baik sekiranya permohonan membatalkan pertuduhan didengar terlebih dahulu sebelum permohonan pergantungan prosiding dan keterangan SP2 diteruskan. So, are the parties ready for the application? Stand down for a while.
[9.48 a.m.] Stand down
Pihak-pihak berjumpa dengan Hakim dalam Kamar pada jam 9.50 pagi. Pihak-pihak keluar dari Kamar Hakim jam 10.03 pagi.
[10.06 a.m.]
Permohonan 44-125-2010 : Permohonan mengenepikan pertuduhan.
MY: Notis usul baru diserahkan kepada saya pagi ini. Permohonan untuk [] afidavit DSAI. Saya memohon masa untuk mengkaji dan memfailkan affidavit jawapan dan jika perlu, membuat research untuk digunapakai dalam menentang permohonan ini. KS juga perlu masa untuk membuat apa-apa afidavit balasan jika ada terhadap afidavit kami. Saya memohon satu tempoh yang cukup untuk kedua-dua pihak bersedia.
KS: Kami mencadangkan 9 hb Ogos ini untuk tujuan pendenga! ran perm ohonan kini.
MY: Saya tiada bantahan kerana hari Jumaat ini ada pendengaran rayuan di Mahkamah Rayuan.
YA: 9 hb Ogos 2010, Monday. Kes bicara proper ditetapkan untuk sebutan pada tarikh tersebut. Begitu juga permohonan penangguhan prosiding.
[10.09 a.m.] Stand down.

August 02, 2010
by Bakri Musa
Last week I wrote, So we have two disturbing displays of less than exemplary behaviors if not outright lack of professionalism at the highest levels of our civil service. One is the Chief Secretary not hearing both sides to the Lim Eng Guan and Nik Ali squabble before rendering judgment, and the other, the Solicitor General failing to recognize a breach of professional ethics.

M. Bakri Musa
I penned that piece too soon. For a few days later we have yet a third example from another top civil servant, this time Attorney General (AG) Gani Patail. Responding to the allegation of improper behavior by one of his prosecutors in the Sodomy II trial, Gani Patail simply reassigned her.
Living ten thousand miles away I have little to do with the Malaysian civil service. My daily life is thus not affected by these tiada maruah (lack of integrity) folks at the top. The organization however, is essentially Malay; likewise the political establishment. These top civil servants and political leaders are thus seen as representing the best of not just their organizations but also of Malays. Consequently, their shortcomings are viewed less as personal failures but more of our community. When they behave tiada maruah, collectively Malays are also seen as such. That is what makes me angry.
Essence of the Expos
The AG justified his action to remove any negative public perception of the prosecuting team. He did not address the substance of the allegation; he managed only the perception and ignored the reality.
Raja Petra Kamarudin (! RPK) fir st made the explosive allegation in Malaysia Today (mt.m2day.net). In a headline-blaring column titled, The Bizarre Case of Sodomy 2, RPK in his trademark style named the specific prosecutor, and rightly characterized the indiscretion as a conflict of interest of the first degree.
The allegation appeared at the end of a long article, and seemed more as an afterthought. You have to read his entire piece to get to the stunning revelation. Those who gave up earlier would miss it. It was as if RPK was challenging his readers to be thorough and not be content with only the headlines and few introductory paragraphs.
There was also a teasing coyness to the expos; it was uncharacteristically brief. Beyond the mention of the name, there were no other details. It was as if RPK was laying a trap. Throw a teaser out, and then see those bastards falling all over themselves condemning him.
This time however, there was silence. There were no hysterical accusations or righteous condemnations that RPK was purveying half-truths, or as one novice politician would put it, only 40 percent facts and the rest made up.
My gut feeling is that RPK reveals way less than 40 percent of what he knows or has information on this evolving scandal. I had hoped that those UMNO jackasses would have resorted to their usual mouth-frothing denunciations of RPK. Then I could see him salivating like a lion that had successfully lured its prey to a trap where it could be pounced upon mercilessly.
Alas, no one walked into the trap. So we have to be patient with RPK or hope that someone would aggravate him enough for him to reveal the sordid details, perhaps titillating snippets of the videotape of the amorous illicit encounter!
The Larger Issue
It took less than a week for Gani Patail to respond to RPKs revelation; unusually efficient. This promptness, whil! e laudat ory, did not excuse his avoiding the heart of the matter the truth to the allegation. For if the allegation were other than the only 40 percent facts, then the AG would have perpetrated a grave injustice on the young lawyer. Far from reassigning her, she should have been publicly exonerated, her integrity openly defended.
At the very least she should have been accorded due process. Even an accused murderer deserves that! The AG should be the last person to have to be reminded of this elementary legal tenet. Here we have the obscenity of the AG having a press conference first, with the poor prosecutor learning of her fate not from the media. Simple decency demanded that the AG should have met with the alleged wayward lawyer first, to get her side of the story and then to inform her of his decision.
If the allegation were true, then the AG has more than a serious disciplinary problem. There are the legal issues with respect to the Sodomy 2 trial. Additionally, the alleged act was also criminal per the Sharia.
Gani Patail cannot abrogate his responsibility. It is not enough for him to simply declare, [A]ny personal matter, if it can have any implication in whatever form on the department, will be handled very seriously. He also has to demonstrate it.
If the allegation has substance, then the AG must remind himself that if she is not disciplined now, she would continue winding her up the civil service. She could one day be a judge or even the AG.
I am not concerned here with the career trajectory of a young lawyer. Nor am I particularly perturbed at the ineptness of some of our high level officials. I have seen enough similar examples elsewhere to be able to put that in perspective. The Peter Principle is after all universal.
I am however concerned with the pattern of tiada maruah leadership in the civil service and other essentially Malay entities. The rec! ent scan dal at Sime Darby reflects the pervasiveness of this blight. Again this being Malaysia, the racial element is never far from the public radar. One only has to read the bigoted comments on the Internet and elsewhere to be painfully reminded of this.
These tiada maruah Malays only feed this ugly stereotype. Of all people I would have expected them to be conscious of this, and thus make every effort to ensure that their behaviors would help tear down this unfair image.
I am not in the least comforted by the fact the Indian civil service is even more bloated and lumbering, or that the folks in Beijing are hideously more corrupt (note the recent scandal of tainted baby formulas) and disrespectful of basic human rights (witness their all too frequent summary executions). We are talking about Malaysia here, with our own rules, norms and expectations.
The other communities too have their own peculiar blights. The scandals with MAIKA and Port Klang Free Zone Project are obscene reminders of that. To me that is neither an excuse nor a consolation.
I feel for those honest, competent and diligent public servants who are Malays. They give all they have for the nation but their good work is being overshadowed by these yahoos at the top. How did the likes of Gani Patail reach the top? Likewise, I keep wondering how such unimaginative, frankly corrupt, and not terribly competent people get to lead us. More importantly, why did we let them? The answers elude me.
We can only change the negative image of our community by changing the reality. Vote these corrupt and incompetent bastards out! Voting them in again would only encourage them. Indeed this is exactly what has been happening. By repeatedly voting them in for the past 50 years, we are implicitly condoning if not encouraging their wayward ways.
Once we have capable political l! eaders, they will take care of the Napoleons in the public service, the little as well as the big ones. In the meantime we must do everything we can to shame them. This essay is an exercise in that. Come the election, we can punish them.
Those who love our community and champion its cause, including the Ketuanan Melayu folks, would do well to enlist in this urgent and critical mission of ridding our community of these tiada maruah leaders and civil servants. Unless we destroy the blight now, it will be the undoing of our society. This is where we should focus. We must not be distracted by such imagined enemies as the pendatangs (immigrants), capitalism, or globalization. The enemy is us, specifically our leaders.
Tiada Maruah (Lack of Integrity) At The Very Top
M. Bakri Musa
Last week I wrote, So we have two disturbing displays of less than exemplary behaviors if not outright lack of professionalism at the highest levels of our civil service. One is the Chief Secretary not hearing both sides to the Lim Eng Guan and Nik Ali squabble before rendering judgment, and the other, the Solicitor General failing to recognize a breach of professional ethics.
I penned that piece too soon. For a few days later we have yet a third example from another top civil servant, this time Attorney General (AG) Gani Patail. Responding to the allegation of improper behavior by one of his prosecutors in the Sodomy II trial, Gani Patail simply reassigned her.
Living ten thousand miles away I have little to do with the Malaysian civil service. My daily life is thus not affected by these tiada maruah (lack of integrity) folks at the top. The organization however, is essentially Malay; likewise the political establishment. These top civil servants and political leaders are thus seen as representing the best of not just their organizations but also of Malays. Consequently, their shortcomings are viewed less as personal failures but more of our community. When they behave tiada maruah, collectively Malays are also seen as such. That is what makes me angry.
Essence of the Expos
The AG justified his action to remove any negative public perception of the prosecuting team. He did not address the substance of the allegation; he managed only the perception and ignored the reality.
Raja Petra Kamarudin (RPK) first made the explosive allegation in Malaysia Today (mt.m2day.net). In a headline-blaring column titled, The Bizarre Case of Sodomy 2, RPK in his trademark style named the specific prosecutor, and rightly characterized the indiscretion as a conflict of interest of the first degree.
The allegation appeared at the end of a long article, and seemed more! as an a fterthought. You have to read his entire piece to get to the stunning revelation. Those who gave up earlier would miss it. It was as if RPK was challenging his readers to be thorough and not be content with only the headlines and few introductory paragraphs.
There was also a teasing coyness to the expos; it was uncharacteristically brief. Beyond the mention of the name, there were no other details. It was as if RPK was laying a trap. Throw a teaser out, and then see those bastards falling all over themselves condemning him.
This time however, there was silence. There were no hysterical accusations or righteous condemnations that RPK was purveying half-truths, or as one novice politician would put it, only 40 percent facts and the rest made up.
My gut feeling is that RPK reveals way less than 40 percent of what he knows or has information on this evolving scandal. I had hoped that those UMNO jackasses would have resorted to their usual mouth-frothing denunciations of RPK. Then I could see him salivating like a lion that had successfully lured its prey to a trap where it could be pounced upon mercilessly.
Alas, no one walked into the trap. So we have to be patient with RPK or hope that someone would aggravate him enough for him to reveal the sordid details, perhaps titillating snippets of the videotape of the amorous illicit encounter!
The Larger Issue
It took less than a week for Gani Patail to respond to RPKs revelation; unusually efficient. This promptness, while laudatory, did not excuse his avoiding the heart of the matter the truth to the allegation. For if the allegation were other than the only 40 percent facts, then the AG would have perpetrated a grave injustice on the young lawyer. Far from reassigning her, she should have been publicly exonerated, her integrity openly defended.
At the very least she should have been accorded due process. Even an accused murderer deserves that! The AG should be the last person to have to ! be remin ded of this elementary legal tenet. Here we have the obscenity of the AG having a press conference first, with the poor prosecutor learning of her fate not from the media. Simple decency demanded that the AG should have met with the alleged wayward lawyer first, to get her side of the story and then to inform her of his decision.
If the allegation were true, then the AG has more than a serious disciplinary problem. There are the legal issues with respect to the Sodomy 2 trial. Additionally, the alleged act was also criminal per the Sharia.
Gani Patail cannot abrogate his responsibility. It is not enough for him to simply declare, [A]ny personal matter, if it can have any implication in whatever form on the department, will be handled very seriously. He also has to demonstrate it.
If the allegation has substance, then the AG must remind himself that if she is not disciplined now, she would continue winding her up the civil service. She could one day be a judge or even the AG.
I am not concerned here with the career trajectory of a young lawyer. Nor am I particularly perturbed at the ineptness of some of our high level officials. I have seen enough similar examples elsewhere to be able to put that in perspective. The Peter Principle is after all universal.
I am however concerned with the pattern of tiada maruah leadership in the civil service and other essentially Malay entities. The recent scandal at Sime Darby reflects the pervasiveness of this blight. Again this being Malaysia, the racial element is never far from the public radar. One only has to read the bigoted comments on the Internet and elsewhere to be painfully reminded of this.
These tiada maruah Malays only feed this ugly stereotype. Of all people I would have expected them to be conscious of this, and thus make every effort to ensure that their behaviors would help tear down this unfair image.
I am not in the least comforted by the fact the Indian civil service is even more bloated and l! umbering , or that the folks in Beijing are hideously more corrupt (note the recent scandal of tainted baby formulas) and disrespectful of basic human rights (witness their all too frequent summary executions). We are talking about Malaysia here, with our own rules, norms and expectations.
The other communities too have their own peculiar blights. The scandals with MAIKA and Port Klang Free Zone Project are obscene reminders of that. To me that is neither an excuse nor a consolation.
I feel for those honest, competent and diligent public servants who are Malays. They give all they have for the nation but their good work is being overshadowed by these yahoos at the top. How did the likes of Gani Patail reach the top? Likewise, I keep wondering how such unimaginative, frankly corrupt, and not terribly competent people get to lead us. More importantly, why did we let them? The answers elude me.
We can only change the negative image of our community by changing the reality. Vote these corrupt and incompetent bastards out! Voting them in again would only encourage them. Indeed this is exactly what has been happening. By repeatedly voting them in for the past 50 years, we are implicitly condoning if not encouraging their wayward ways.
Once we have capable political leaders, they will take care of the Napoleons in the public service, the little as well as the big ones. In the meantime we must do everything we can to shame them. This essay is an exercise in that. Come the election, we can punish them.
Those who love our community and champion its cause, including the Ketuanan Melayu folks, would do well to enlist in this urgent and critical mission of ridding our community of these tiada maruah leaders and civil servants. Unless we destroy the blight now, it will be the undoing of our society. This is where we should focus. We must not be distracted by such imagined enemies as the pendatangs (immigrants), capitalism, or globalization. The enemy is us, specifically our lead! ers.